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Public car parks.
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36.—(1) A car park may not be provided by a local authority or by any other person in the Authority's functional area except under and in accordance with a licence under this section granted by the Authority which may attach terms and conditions to such a licence.
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(2) A local authority may under and in accordance with the terms and conditions of a licence under this section provide such one or more car parks (and access thereto) as they consider desirable.
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(3) A local authority may, with the consent of the Minister for the Environment, assist any person providing a car park in accordance with subsection (1) and the assistance may consist of a contribution of money or the execution of works or the grant or lease of land or any combination of those means.
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(4) Subsection (2) shall be construed as conferring on a local authority—
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(a) power to erect a building for use wholly or mainly for parking mechanically propelled vehicles or particular classes of such vehicles,
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(b) power to erect waiting rooms, cloak rooms, petrol stations, shops and any facilities in association with any car park provided by them,
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(c) power to adapt land for use as a car park.
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(5) The Authority with the approval of the Minister for the Environment may make bye-laws in relation to any car park provided under this section and in particular in relation to all or any of the following matters—
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(a) restricting the classes of vehicles which may be admitted to the car park,
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(b) specifying the periods for which vehicles may remain in the car park,
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(c) specifying conditions subject to which vehicles may use the car park,
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(d) specifying the standard of fencing and surfacing for such car parks.
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(6) A person who contravenes subsection (1) or a bye-law under subsection (5) or who imposes charges not approved under subsection (11) shall be guilty of an offence.
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(7) A local authority who have provided under this section a car park may, with the consent of the Minister for the Environment and the Authority, sell or lease the car park or any part thereof or any facilities provided for the car park under subsection (4) to any person, subject to such conditions as they think proper.
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(8) The Minister for the Environment may, with the consent of the Minister for Finance, make grants towards the expenses incurred under this section by a local authority, and such grants may be made out of moneys provided by the Oireachtas.
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(9) The Minister for the Environment may, with the consent of the Minister for Finance and on such terms and conditions as to repayment as that Minister thinks proper, make loans towards the expenses incurred under this section by a local authority, and such loans may be made out of moneys provided by the Oireachtas.
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(10) The operation of a car park (including the operation of facilities therefor) on or in property leased by a local authority shall be deemed not to be a business within the meaning of the Landlord and Tenant Acts, 1931 to 1983.
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(11) (a) No charges may be imposed after the commencement of this section in respect of car parking facilities in car parks which are provided under this section unless such charges have been approved of by the Authority.
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(b) The Authority may specify the charges to be made for the use of a car park.
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(c) In giving an approval under paragraph (a) or specifying charges under paragraph (b) the Authority shall have regard to the need for a reasonable return to be made on the investment involved in the provision of the car park to which any such charges relate.
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(12) (a) Section 101 of the Act of 1961 shall cease to apply to the Authority's functional area from the commencement of this section.
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(b) Notwithstanding paragraph (a), bye-laws made under section 101 of the Act of 1961 which apply to the Authority's functional area and which are in force at the commencement of this section shall continue in force and, in so far as they apply to that area, may be amended or revoked by bye-laws made under subsection (5).
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(13) Where a local authority become of opinion that the land used for a car park provided by them under this section should be used for a different purpose for which they may lawfully use land, the local authority may, with the consent of the Authority, terminate the use of the land for a car park.
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(14) (a) A person may appeal to the Minister—
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(i) where the Authority refuses to grant a licence or approve charges for car parking facilities under this section, or
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(ii) where a person providing car parking facilities is dissatisfied with the terms of a licence granted or an approval or specification of charges by the Authority.
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(b) The Minister, having considered such representations as may be adduced by or on behalf of the appellant and by the Authority and having considered the public interest regarding the provision of car parks in the Authority's functional area, shall grant the appeal or confirm the relevant decision of the Authority, or modify that decision, as he thinks fit.
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(c) A decision of the Minister on an appeal under this section shall be final and binding on the parties to the appeal.
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(15) In this section—
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“car park” means a place (not being part of a public road or a place at Dublin Airport) for the parking by the public of mechanically propelled vehicles or pedal cycles on payment of a specified charge;
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“local authority” means the council of a county, the corporation of a county or other borough or the council of an urban district;
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“provide” includes operate and cognate words shall be construed accordingly.
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